South Carolina DUI Defense: West Law Firm
The Criminal Element of a DUI
If you are charged and arrested with a DUI in South Carolina, the punishment that you could potentially face is based on two factors: 1.) Your level of blood alcohol concentration (“BAC”), 2.) Whether you have any prior DUI/DUAC charges within a ten (10) year period.
What To Do If You Get Arrested For A DUI In South Carolina
If you’ve been arrested for DUI, it is to your advantage to hire an experienced and successful DUI attorney. The DUI laws in South Carolina are written in a manner that requires law enforcement to follow very strict rules during the arrest procedure. It is possible that if these rules were not properly followed, then you could have a successful challenge to your DUI arrest. This is all the more reason to hire a firm that can properly handle your case.
Do You Need A Temporary Alcohol Restricted License (TARL)?
What is a Temporary Alcohol Restricted License (TARL)?
If you’ve been arrested for DUI, the police officer will probably take you to a local Datamaster facility where he/she will offer you a breath test. At this time, if you’ve either refused the breath test or provided a breath sample over .15%, then you will be given a notice of suspension by the officer. It is important that you keep this piece of paper! This form contains the instructions for requesting an administrative hearing. In most cases, you will want to request a DMV hearing which is separate from the criminal process of your DUI arrest. At this hearing, you can challenge the license suspension. The cost to request an administrative hearing is $200 (certified check or money order) and is sent to the Office of Motor Vehicle Hearings (OMVH) in Columbia, South Carolina.
The OMVH will respond to your request by sending a Notice of Hearing, and after you have received notice of the administrative hearing date, you can take that notice to your local DMV office and along with a $100 payment you can receive a Temporary Alcohol Restricted License (TARL). With a TRL, you can drive lawfully again for six months while you await the outcome of the administrative hearing.
What is a Provisional License
A provision license is another type of license often associated with a DUI/DUAC charge. The provisional license is an unrestricted license which allows you to drive where you want in the state of South Carolina. See S.C. Code 56-1-1320.
This type of license is available to you after you plead guilty to a driving with an unlawful alcohol concentration (DUAC) or first offense DUI. To apply for a provisional license you need to do the following:
- Enroll in the ADSAP program;
- Obtain SR-22 insurance
Hard Work. Honest Advice. Real Results.
We handle a broad range of civil and criminal matters including personal injury, car wrecks, criminal defense, DUI defense, wrongful death, land disputes, business litigation, probate and estate planning, as well as alternative dispute resolution. John, Cam, and Mason together bring the experience and dedication needed to handle your legal situation. Come see us today.
Serving The Lowcountry Since 1945
The West Law Firm has been working hard and serving the Lowcountry's residents since 1945 when it was first founded by H. Norman West. Our law firm handles a variety of civil and criminal matters including Personal Injury, Car Wrecks, Criminal Defense, DUI Defense, Wrongful Death, Land Disputes, business Litigation, Probate and Estate Planning and Dispute Resolution. Our team lead by John, Cam and Mason bring together the experience and dedication needed to handle your legal situation. Contact us today!
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